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Housing market Tax tricks with Interest settlements

Status: 06/17/2021 10:42 a.m.

Financial investors speculate with billions on the German housing market, but hardly pay taxes – thanks to a legal trick. The federal government wanted to close this loophole. But loud monitor – Research won’t come of it.

By Lutz Polanz and Jan Schmitt, WDR

“Behind this house is an American company, the trail of the owners leads via Luxembourg to the Cayman Islands” , tells Coni Pfeiffer, activist and spokeswoman for the # 200Houses network. Tenants from Berlin have come together to defend themselves against the conversion of their apartments into expensive condominiums and the greed of financial corporations. It is similar with the other houses on the opposite side, explains Pfeiffer. Here the trail of investors leads to tax havens such as Gibraltar or the Virgin Islands. The Berlin real estate market has long since become an Eldorado for major investors who want to remain anonymous. The official owners are companies with names such as Magenta Properties S.à.rl or Berlin Project-1 Property III S.à.rl The names often conceal complex corporate structures with a whole chain of companies. In the end, they lead to well-known tax havens, for example in the Caribbean.

Interest trick to save taxes

The elaborate company structures apparently also serve to avoid paying taxes to the German tax authorities. A completely legal interest trick helps the companies: The parent companies lend money to their subsidiaries who own the houses and land in Germany. In return, they charge them high internal interest rates – much higher than they would otherwise have to pay at banks. The interest payments of the subsidiaries reduce the profit in Germany and thus the taxes that would have to be paid here.

“The profits go to countries in which no tax is levied on interest income”, explains Gerhard Schick, board member of “Citizens’ Movement Finanzwende”. “Thanks to these high interest payments, it is practically possible to push the income abroad, so that in Germany you can tell the tax office that we have actually not earned any money, but that the profit is generated abroad.”

Billions are being lost to the Treasury

“Every year the German state loses five to seven billion euros as a result of the interest rate trick”, adds Christoph Trautvetter from “Network tax justice”.

So far, the tax authorities have been able to do next to nothing about it. There is no corresponding legal regulation. Specialists have been calling for them for years, for example Manfred Naumann, an expert in international tax law and head of department in the Federal Ministry of Finance for many years: “I am frustrated that the legislature and the Federal Ministry of Finance are unable to find such a regulation”, said Naumann in an interview with the ARD -Magazine monitor . For him the state wears one “complicity” because financial resources run into the billions “flow untaxed”. Proposals for such a regulation have long been on the table. Accordingly, the interest rate would always be used as a benchmark at which a group can borrow money from the bank. Demanding higher interest rates internally would only be possible if the group can justify it well. That would be a kind of reversal of the burden of proof, which experts believe would prevent a large part of the tax damage.

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The Federal Ministry of Finance under Olaf Scholz (SPD) had proposed precisely such a new regulation in a draft law. But the CDU / CSU parliamentary group intervened and the corresponding passage was deleted from the draft. The Federal Council then made a new attempt to resume the regulation. But this was also thrown out at the instigation of the Union.

“Braking measures against money laundering, aggressive tax avoidance and tax evasion by the CDU / CSU has a long tradition”, criticizes Sven Giegold from the Greens in the European Parliament. However, he is also surprised that the SPD did not protest against it.

The Union faction wanted to get up monitor -Do not answer the request. The Federal Ministry of Finance, led by Scholz, is now apparently at a distance from its original approach. Corresponding changes “should ideally be coordinated internationally”, it says in a response from the ministry to a request from monitor .

Now the match ball lies with the Federal Council. He wants to decide at the end of June whether to call the mediation committee or wave the law through with the loophole

Thousands of emails and documents from the citizenship and citizenship consulting firm Henley & Partners have revealed an unprecedented “door” on the mechanism of the so-called “golden passport” program, in which countries are semi-national. citizenship for foreign giants. This revelation showed for the first time how some people buy Malta passports through a government investment program, allowing them to pretend they are “residing” in the country for a year by renting an apartment. then leave it blank. Two weeks to own a “golden passport” Officially known as the Individual Investor, this program is designed to attract wealthy investors and enrich the national budget. Eight years ago, Malta announced plans to “sell” passports making the European Union (EU) not satisfied. The EU authorities are concerned that “buyers” can travel freely within the EU and Schengen bloc as well as be able to travel to many countries without applying for a visa in advance. In January 2014, a spokesperson for the European Commission gave a speech contradicting the proposals and stressed that EU members should only provide passports to individuals with “real affiliation”. to their country. After two weeks, the issue was somewhat resolved when the Government of Malta released a joint statement announcing anyone “buying” Maltese citizenship would need to reside in the country for one year, while also demonstrating the authenticity of the relationship with their new home. However, Malta’s golden passport program does not specify “place of residence”. Government officials also eluded when asked about the ratio between those who applied for a 12-month period and those who would actually be present. Malta is a beautiful island nation located in the Mediterranean. Photo: Guardian. The vulnerability has allowed some customers, who pay more than 1 million euros under the program, to successfully confirm that they have an “authentic link” with Malta. What they need to do is just spend a few weeks there and do a few activities over the loudspeaker, such as yacht rental or donation to a local charity. Guardian reviewed 250 open letters clients sent to Henley explaining their intentions to Malta. Internal emails show customers constantly asking if they can spend less time here. In the case of a 2014 Middle East client, the representative even asked their manager if “would go to Malta in about 7-14 days (ie the minimum time period) to take a biometrics. study and register and receive card (residence) ”. “If it is not possible to visit for longer, opening a bank account, donating to local charities and becoming a member of a local club will help demonstrate the bond with the country,” the manager answer. This advice shows that instead of 12 months, it seems just two weeks is enough to get a “golden passport” here. “The applicant does not have to be present in that country,” advised a client. “However, in order to create an ‘authenticity link’, (the Malta government) would appreciate it with at least 14 days’ time.” Out of all 250 letters, the applicant’s average commitment to stay in Malta is 16 days. Two bedrooms for 12 people To demonstrate commitment to a new home, Malta “golden passport” applicants will be required to invest € 1.15 million in the country, including a purchase of at least a real estate. 350,000 euros or a 5-year rental for 80,000 euros. Passport of Malta. Photo: Loving Malta. Some properties are rented significantly smaller than the actual size required by the applicant’s family if they plan to live there. In one case, Chinese citizens even rented a two-bedroom apartment for 1,500 euros / month despite applying for citizenship for 12 people, including 6 children. A Maltese citizenship-seeking South African businessman refused to pay Henley an apartment management fee on the grounds that no one would visit it. “The apartment is not used, no one will be there in a year,” he complained in a letter to the company. Malta’s immigration regulatory loopholes have the potential to have serious consequences such as security risks, money laundering, tax evasion, corruption and the risk of escaping water criminals. outside of residence, traveling freely within the EU territory. The European Union Commission recently accused Malta of “selling” citizenship, allowing individuals with little or no connection to the EU. However, the Malta government denied any allegations that the country’s residency requirement was “fake”. It argued that “authentic links” are not defined in EU law and the government of Malta “sets the rules as well as makes the final decision on all citizenship applications”.